Under what circumstances can the purchase contract be terminated?

The mortgage was not approved.

For today's office workers, the funds in hand are not sufficient, and they can only choose to apply for a loan from the bank to buy a house. I believe that many home buyers have encountered such a situation, when the purchase contract is signed, the mortgage is not approved, resulting in the inability to continue to perform the purchase contract. In this case, the purchase contract can be revoked, but the buyer will need to submit a certificate from the lender.

It is important to note that some developers may accept you from terminating the purchase contract, but will ask you to compensate, after all, this situation is a breach of contract.

The information is incorrect. Signing a house purchase contract is not sloppy at all, as long as it is signed, it will be born, and we must be serious when signing the contract. When the buyer and seller sign the purchase contract, if the sales unit staff makes a mistake, resulting in an error in the entry of personal information, then the purchase contract can be revoked, and at the same time, it is necessary to re-sign the purchase contract, so we must check it several times when entering the information.

If, despite your repeated urging, the developer still fails to deliver the house on time, then you can cancel the purchase contract, ask the developer to refund the principal and interest, and have the right to ask the developer to compensate you.

The family is in dire need of money.

Some people will encounter this situation and buy a house with the funds in their hands, but suddenly there is an urgent need for money at home, what should they do in this situation? After signing the purchase contract, if the buyer's family is in urgent need of money, then he can request to terminate the contract, for example, the immediate family members in the family are in urgent need of funds due to serious illness, at this time, as long as the diagnosis certificate of the hospital at or above the municipal level is submitted, you can request the termination of the purchase contract.

Something to go abroad for a long time.

If you buy a house and sign a contract, but you can't live in it for a long time, or you want to go abroad, you can ask to cancel the contract when you buy a house, and the buyer needs to submit a passport and a certificate of study and settlement permit. After negotiation with the developer, the purchase contract can be terminated.

Not only the purchase contract, but also the various contracts signed in our daily life can be terminated, but the termination of the contract, according to the different ways of termination, to meet different conditions, the purchase contract can be terminated according to the law: the first purchase contract is invalid If the sales behavior of the development and construction unit violates the mandatory provisions of laws and administrative regulations, according to the law, the purchase contract of commercial housing is invalid, and the buyer has the right to move out. Second, according to the Ministry of Construction's "Measures for the Administration of Commodity Housing Sales", if the error ratio between the actual measurement and the contract area or the area in the suite exceeds 3%, the buyer has the right to move out.

If the buyer moves out, the real estate development enterprise shall, within 30 days from the date of the buyer's move-out, refund the house price paid by the buyer and pay the interest on the house price. Third, the development enterprise changes the design, development and construction unit without the consent of the buyer, changes the plan, the design, or the planning change approved by the planning department, and other circumstances that affect the quality or use function of the commercial housing as agreed by the parties to the contract. If the buyer fails to notify the purchaser in writing within 10 days from the date of establishment of the change, the purchaser has the right to vacate the property.

Fourth, the main structure of the house cannot be delivered for use because the quality of the main structure of the house is unqualified, or after the house is delivered, the quality of the main structure of the house is verified to be unqualified; Due to the quality of the house, the normal residential use is seriously affected. Fifth, the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded. Legal basis:

Article 94 of the Contract Law of the People's Republic of China [Statutory Termination of Contract] The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (ii) Before the expiration of the performance period, one of the parties expressly expresses or by its own conduct that it does not perform the principal obligation; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (iv) One of the parties delays the performance of its obligations or commits other breach of contract, resulting in the failure to achieve the purpose of the contract; (5) Other circumstances provided for by law.

Hello, it is possible to cancel the contract of sale and purchase of the house in the following cases:

1. The parties agree to terminate the term;

2. The agreed termination conditions have been fulfilled;

3. The purpose of the contract cannot be achieved due to force majeure;

4. Before the expiration of the performance period of the contract, one of the parties clearly states or shows by its own behavior that it will not perform the main debt;

5. One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

6. One of the parties delays the performance of debts or has other breaches of contract, resulting in the failure to achieve the purpose of the contract;

If more details could be given, more detailed information could be made.

The circumstances under which the purchase contract can be terminated are as follows:

1. After the conclusion of the contract for the sale and purchase of the commercial house, the developer of Zen Belt mortgaged the house to a third party without informing the buyer;

2. After the contract for the sale and purchase of the commercial house is concluded, the developer sells the house to a third party;

3. Where the developer delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of one of the parties to terminate the contract shall be supported, unless otherwise agreed by the parties;

4. The absolute value of the error ratio between the area of the delivered house and the area agreed in the contract is greater than 3%;

5. More than one year after the expiration of the time limit for the registration of house ownership, the buyer is unable to register the house ownership due to the reasons of the developer.

Legal basis: Article 563 of the Civil Code stipulates that the parties may terminate the contract under any of the following circumstances:

1) The same purpose cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

(3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

(iv) One of the parties delays the performance of its obligations or commits other breach of contract, resulting in the failure to achieve the purpose of the contract;

(5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Legal Analysis: The circumstances under which the purchase contract can be terminated are as follows:

1. After the conclusion of the contract for the sale and purchase of commercial housing, the developer did not inform the buyer and mortgaged the house to a third party;

2. After the contract for the sale and purchase of the commercial house is concluded, the developer sells the house to a third party;

3. Where the developer delays the delivery of the house or the buyer delays the payment of the purchase price and fails to perform within a reasonable period of three months after being reminded, the request of one of the parties to terminate the contract shall be supported, unless otherwise agreed by the parties;

4. The absolute value of the error ratio between the area of the delivered house and the area agreed in the contract is greater than 3%;

5. More than one year after the expiration of the time limit for the registration of house ownership, the buyer is unable to register the house ownership due to the developer's reasons.

Legal basis: Civil Code

Article 563: The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

(3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

(iv) One of the parties delays the performance of its obligations or commits other breach of contract, resulting in the failure to achieve the purpose of the contract;

(5) Other circumstances provided for by law.

In the case of an indefinite contract in which the debts are to be continuously performed, the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.

Legal analysis: 1. The purpose of the contract cannot be achieved due to force majeure. 2. Before the expiration of the performance period, one of the parties clearly states or shows by its own conduct that it will not perform the main obligation.

3. One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded. 4. One of the parties delays the performance of debts or has other breaches of contract, resulting in the failure to achieve the purpose of the contract.

Legal basis: Article 563 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the parties may terminate the contract: (1) the purpose of the contract cannot be achieved due to force majeure; 2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law.

According to the provisions of China's Civil Code, the buyer has the right to unilaterally notify the seller to terminate the purchase contract under the following twelve circumstances:

a) Force Majeure. If the purpose of the purchase contract cannot be achieved due to force majeure such as **, tsunami and other natural disasters, the buyer has the right to terminate the contract.

b) The seller expressly breaches the contract. Before the expiration of the performance period, if the seller of the house clearly states or shows by his own behavior that he will not perform the main debt, that is, the seller clearly states that he will not deliver the house, the buyer has the right to terminate the contract.

3) Sell first and then mortgage. After the conclusion of the contract for the sale and purchase of commercial housing, if the seller fails to inform the buyer that the house will be mortgaged to a third party, resulting in the failure of the buyer's purpose of the purchase contract, the buyer has the right to terminate the contract.

4) One house and two sales. If the seller sells the house to a third party after the conclusion of the contract for the sale and purchase of commercial housing, resulting in the failure to achieve the purpose of the buyer's purchase contract, the buyer has the right to terminate the contract.

5) Concealing the fact of selling a house without a license. If the seller deliberately conceals the fact that he has not obtained the pre-sale permit certificate of the commercial housing and buries it or provides a false pre-sale permit certificate, the buyer has the right to terminate the contract.

6) Concealing the fact of a mortgage on the house. If the seller deliberately conceals the fact that the house sold has been mortgaged, the buyer has the right to terminate the contract.

7) Concealing the fact that the house has been sold or resettled for demolition. If the seller deliberately conceals the fact that the house sold has been sold to a third party or the house has been resettled for demolition compensation, the buyer has the right to terminate the contract.

8) The main structure of the house is unqualified. If the main body of the house cannot be delivered for use due to unqualified quality or after delivery, the quality of the main body of the house is found to be unqualified after inspection, and the buyer has the right to terminate the contract.

9) There are serious quality problems in the house. If the normal residence is seriously affected by the quality of the house, the buyer has the right to terminate the contract.

10) The area error ratio is more than 3%. If the floor area or floor area of the house delivered by the seller is inconsistent with the area agreed in the contract for the sale and purchase of the commercial house, and the contract has an agreed treatment method or the agreed treatment method is not clear, if the area error ratio exceeds 3% of the absolute value, the buyer has the right to terminate the contract and may require the seller to pay the interest generated by the purchase price.

11) Excessive delay in the delivery of housing. If the seller delays the delivery of the house and fails to perform within the three-month period after being urged by the buyer, the buyer has the right to terminate the contract.

12) Excessive delay in the transfer of property rights. Laws and regulations stipulate the time limit for the registration of house ownership: if the subject matter of the commercial housing sales contract is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, the buyer has the right to terminate the purchase contract within 90 days from the date of conclusion of the contract, more than one year after the expiration of this period, and the buyer is unable to register the ownership of the house due to the seller's reasons.

Legal basis: Article 563 of the Civil Code, the parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt, and is reminded.